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Women's Employment Regulations (Amendment)

Authoritative Version
  • - C1943L00251
  • No longer in force
SR 1943 No. 251 Regulations as made
These Regulations amend the Women's Employment Regulations.
Gazetted 30 Sep 1943
Date of repeal 01 Jan 1950
Repealed by Repeal of the enabling legislation by Defence (Transitional Provisions) Act 1949

STATUTORY RULES.

1943. No. 251.

 

REGULATIONS UNDER THE WOMEN’S EMPLOYMENT ACT 1942.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Women’s Employment Act 1942.

Dated this Thirtieth day of September, 1943.

Signature of the Governor-General

Governor-General.

By His Excellency’s Command,

Signature on behalf of the Minister of State for Labour and National Service

for Minister of State for Labour and National Service.

 

Amendments of the Women’s Employment Regulations.

Interpretation.

1. In these Regulations, “the Women’s Employment Regulations” means the provisions in the Schedule to the Women’s Employment Act 1942, relating to the employment of women, as subsequently amended.

Definitions.

2. Regulation 4 of the Women’s Employment Regulations is amended—

(a) by inserting, before the definition of “determination”, the following definitions:—

“‘Committee of Reference’ means committee of Reference constituted under regulation 5c of these Regulations;

‘decision’ means decision, or instrument having the effect of a decision, in force by virtue of the Act or regulations made under the Act, and includes variation and interpretation of decision; and

(b) by inserting, after the definition of “munitions of war”, the following definition:—

“‘the Act’ means the Women’s Employment Act 1942;”.

 

* Notified in the Commonwealth Gazette on                                                                                               , 1943.

5681.—Price 5d.                                                                                                 10/29.9.1943.


 

Establishment of Women’s Employment Board.

3. Regulation 5 of the Women’s Employment Regulations is amended—

(a) by omitting sub-regulation (4.) and inserting in its stead the following sub-regulation:—

“(4.) In the absence of any representative member of the Board the Minister may appoint a substitute for the absent member, but, in the event of the substitute failing to attend a meeting of the Board to which he has been summoned by the Chairman, the Board may validly proceed in his absence.”;

(b) by omitting from sub-regulation (5.) the words “the decision of the Board on any application” and inserting in their stead the words “any decision of the Board”; and

(c) by inserting after sub-regulation (6.) the following sub-regulation:—

“(7.) The Chairman and two other members of the Board shall form a quorum and, when a quorum is present, the Board may validly function notwithstanding the absence of the representative or representatives of any interest, and notwithstanding any vacancy in the Board.”.

Reference of applications to an Industrial Authority in Western Australia.

4. Regulation 5b of the Women’s Employment Regulations is amended—

(а) by omitting from sub-regulation (2.) the words “of the Board”; and

(b) by omitting sub-regulation (6.) and inserting in its stead the following sub-regulation:—

“(6.) Nothing in this regulation shall affect the operation of regulation 8 of these Regulations in relation to a decision of the Industrial Authority.”.

5. After regulation 5b of the Women’s Employment regulations the following regulations are inserted:—

Committees of Reference.

“5c.—(1.) The Minister may, by notice in the Gazette, establish and maintain a panel of persons (all or any of whom may be Conciliation Commissioners) who may act as Chairmen of Committees of Reference for the purposes of this regulation.

“(2.) The Minister, the Attorney-General or the Chairman of the Board may, in relation to any decision of the Board, refer to a person on the panel of persons established under the last preceding sub-regulation (in this regulation referred to as ‘the Chairman’), any question as to what females (if any) who are or were employed by an employer, are or were employed on work specified in the decision or any question as to the nature of the work on which the females, who are or were employed, on work specified in the decision, are or were respectively employed.


 

“(3.) Upon receipt of a reference under the last preceding sub-regulation, the Chairman shall nominate an appropriate representative of employers and an appropriate representative of employees, and the Chairman, together with those representatives, shall constitute a Committee of Reference which shall meet at the direction of the Chairman and determine the questions referred to the Chairman.

“(4.) At all sittings of a Committee of Reference—

(a) the determination of the majority shall prevail; and

(b) the Chairman shall have a deliberative, but not a casting, vote.

“(5.) A determination made under this regulation shall be binding on the employer and females specified in the determination, and shall be evidence of any matters of fact so specified.

Application for permission to employ females.

“6.—(1.) Where an employer proposes to employ, is employing, or has at any time since the second day of March, 1942, employed, females on work—

(a) which is usually performed by males;

(b) which, within the establishment of that employer, was performed by males at any time since the outbreak of the present war; or

(c) which, immediately prior to the outbreak of the present war, was not performed in Australia by any person,

the employer shall, unless an application in relation to that employment has already been made (whether prior to the date of disallowance of Statutory Rules 1942, No. 548 or after the commencement of this regulation), or a decision in respect of that work is in force, forthwith make application to the Board for a decision in accordance with this regulation.

“(2.) A person who makes any such application shall forthwith furnish one copy thereof to the Secretary and one copy to such organization or to each of such organizations of employees and employers as the Chairman of the Board specifies.

“(3.) Upon receipt of any such application the Board shall proceed to consider the application and give its decision thereon in accordance with this regulation.

“(4.) The Board shall decide—

(a) whether the work specified in the application is work specified in sub-regulation (1.) of this regulation; and

(b) if so, whether females may be employed or continue to be employed on the work.

“(5.) If the Board decides that females may be employed or continue to be employed on the work, it shall decide—

(a) the hours during which females may be employed thereon, and the maximum daily and weekly hours of employment of females employed thereon;


 

(b) the special conditions (if any) regarding the safety, health and welfare of females employed thereon to be observed by the employer; and

(c) whether the employment of females thereon should in the first place be on probation.

“(6.) If the Board decides that the employment should in the first place be on probation, the Board shall decide the period of probation.

(7.) The Board shall, subject to this regulation, decide the rates of payment to be made to females employed on the work.

(8.) The Board shall decide the rates of payment under this regulation which it considers to be just and proper in all the circumstances and shall, as far as is practicable, assess those rates by reference to such factors as it thinks fit and in particular to the efficiency of females in the performance of the work and any other special factors which may be likely to affect the productivity of their work in relation to that of males.

“(9.) The rate of payment to be made to any adult female, in accordance with any decision under this regulation, shall not be less than sixty per centum nor more than one hundred per centum of the rate of payment made to adult males employed on work of a substantially similar nature.

Employer not to employ females in certain eases except in pursuance of decision.

7. Subject to regulation 11 of these Regulations, an employer who proposes to employ females on work specified in sub-regulation (1.) of regulation 6 of these Regulations shall not employ any female on that work unless there is in force a decision that females may be employed on that work.

Decision with respect to work not specified in application.

“7a. Where it appears to the Board on consideration of any application in respect of work at any establishment that it is desirable that consideration should be given to other work in the establishment in respect of which an application could be made under these Regulations, it may treat the application as extending to that other work and may give a decision accordingly.

Application by female employee or organization of female employees.

“7b. Any organization of employees to which any female employed on work specified in sub-regulation (1.) of regulation 6 of these Regulations belongs, may make application to the Board for a determination of the rate of payment to be made to, or the hours and conditions of employment to be observed in respect of, females employed on that work, and the Board shall forthwith deal with the application as if it were an application under regulation 6 of these Regulations.

Power of Board to give decisions otherwise than on applications.

“7c.—(1.) The Board may, of its own motion, or on the application of any organization of employers or employees, give in respect of any work specified in sub-regulation (1.) of regulation 6 of these Regulations any decision which it would be required to give under these Regulations if an application were made under that sub-regulation in respect of that work.


 

“(2.) The Board, before giving a decision in pursuance of this regulation, shall, by notification published in the Gazette and in such other publications, if any, as the Board determines—

(a) specify the decision which it proposes to give;

(b) specify the employers on whom it proposes that the decision shall be binding; and

(c) make known that all persons and organizations interested and desirous of being heard may on or before a day named in the notification, not being earlier than the fourteenth day after the publication in the Gazette, appear or be represented before the Board.

(3.) The Board shall hear all such persons and organizations appearing or so represented and may thereafter give such decision as it thinks fit.

(4.) A decision given under this regulation shall, according to its tenor, apply to—

(a) all or any employers;

(b) all or any employers included in a class of employers specified by the Board; or

(c) all or any employers in any area specified by the Board,

employing, at any time during the currency of the decision, any females on work of the kind specified in the decision.

Copy of decision to be open to inspection.

“7d. A copy of every decision shall be sent to the Principal Registry and to each District Registry established under the Commonwealth Conciliation and Arbitration Act 1904-1934 as soon as possible after it is given, and shall be there open for inspection.”.

Interest on payments due to employees.

“7e. Every sum of money due and payable to an employee under any decision shall, if not paid within fourteen days after it becomes due and payable, or, if it became due and payable before the commencement of this regulation, within fourteen days after that commencement, carry interest at the rate of Ten pounds per centum per annum from the date on which it becomes due and payable or the date of that commencement, as the case may be, until it is paid or recovered, and the amount of any such interest carried by a sum may be sued for in the like manner as the sum may be sued for:

Provided that where, in relation to the employer, any question has been referred to any person under regulation 5c of these Regulations, and a Committee of Reference has, upon that reference, determined that the employee is or was employed on work specified in the decision, the sum shall not commence to carry interest until the expiration of fourteen days after the date of the determination or the date on which the sum becomes due and payable, whichever is the later.”


 

Additional powers of Board.

6. Regulation 8 of the Women’s Employment Regulations is amended—

(a) by omitting the words “of the Board”; and

(b) by inserting after paragraph (a) the following paragraph:—

“(b) reopen any question in relation to which the decision was given and give, a decision thereon;”.

Decisions binding on parties to application.

7. Regulation 9 of the Women’s Employment Regulations is amended—

(a) by omitting the words “Any decision of the Board, and any variation or interpretation of any such decision,” and inserting in their stead the words “Every decision”; and

(b) by inserting, after the word his”, the words “or their”,

8. After regulation 9 of the Women’s Employment Regulations the following regulations are inserted:—

Recovery of payments due to employees.

9a.(1.) The Attorney-General may, on behalf of or for the benefit of the females or any of the females who are or have been employed by any employer, sue, in any court of competent jurisdiction, for the sums of money due and payable to them under a decision, together with the interest (if any) payable under these Regulations.

“(2.) Any such action or suit shall be deemed to be validly brought notwithstanding that the statement of claim or other like document in the  action or suit does not specify the females on behalf of or for the benefit of whom the Attorney-General is suing nor specify the respective sums due and payable to them, and notwithstanding that, before judgment can be pronounced, it will be necessary for the court to make a determination as to the females who are or were employed by the employer on work specified in the decision and as to the nature of the work on which those females are or were respectively employed.

(3.) Any such sum which became due before the commencement of this regulation may be sued for at any time within nine months after that commencement and not later.

Payment to Attorney-General.

“9b.—(1.) The Attorney-General may in any case where, in pursuance of these Regulations, he is empowered to sue for the sums of money due and payable to females by any employer under a decision, demand from the employer the sums so due and payable, together with the interest (if any) payable under these Regulations.

“(2.) The acknowledgment in writing by the Attorney-General, or by an officer authorized by the Attorney-General to give acknowledgments under this regulation, of the receipt of any sums or amounts of interest paid by the employer in pursuance of any such demand shall have effect as a discharge, to the extent of the sums or amounts so paid, of the liability of the employer to the females in respect of whom the sums or amounts were paid.


 

Attorney-General may require information.

“9c.—(1.) The Attorney-General or an officer authorized by the Attorney-General to act under this regulation may require any employer whom he is empowered to sue under these Regulations—

(а) to furnish, to the Attorney-General, or to an officer so authorized, such information, in relation to the females who are or were employed by the employer and on behalf or for the benefit of whom the Attorney-General is empowered so to sue, as the Attorney-General considers it desirable to obtain for the effectual exercise of his power so to sue; and

(b) to produce for the inspection of the Attorney-General or an officer so authorized the accounts, books, documents and papers of the employer in relation to the employment of those females, and to allow the Attorney-General or the officer to make extracts from or copies of those accounts, books, documents and papers.

“(2.) An employer shall comply with every requirement made of him under this regulation.

Non-compliance with decisions.

9d.—(1.) A person shall not wilfully refuse, neglect or fail to comply with any decision.

“(2.) A person shall not incite, counsel, procure or urge any other person to refuse, neglect or fail to comply with any decision.”.

Industrial Authority not to make award inconsistent with decision of Board.

9. Regulation 10 of the Women’s Employment Regulations is amended—

(a) by omitting the words “of the Board” (first occurring);

(b) by omitting the words “or any variation thereof” (first occurring);

(c) by omitting the words “or variation”; and

(d) by omitting the words “of the Board or any variation thereof”.

Employment of women in Department of Munitions, &c.

10. Regulation 11 of the Women’s Employment Regulations is amended by adding at the end of sub-regulation (1.) the words “in respect of which there is not in force a decision that women may be employed on that work”.

Commencement of rate of pay.

11. Regulation 12 of the Women’s Employment Regulations is amended—

(a) by omitting the words order or interpretation given or made by the Board in pursuance of these Regulations”;

(b) by omitting the words “, order or interpretation” (second and last occurring); and

(c) by omitting the words “order or interpretation of the Board”,


 

12. Regulation 13 of the Women’s Employment Regulations is repealed and the following regulation is inserted in its stead:—

Inspection of premises.

“13. Where, in pursuance of these Regulations or of any decision, a female is employed on work specified in sub-regulation (1.) of regulation 6 of these Regulations, an accredited representative of any organization of employees referred to in sub-regulation (2.) of regulation 6 or sub-regulation (3.) of regulation 11 of these Regulations, or any person authorized by the Board to act under this regulation, may inspect the premises in, and the work on, which that female is employed at any time during which the female is at work:

Provided that any such inspection shall be made—

(a) only after notice for a reasonable period (not less than twenty-four hours) has been furnished to the employer of the female by the organization of employees or its accredited representative; and

(b) in such manner as will not interfere with the performance of any work in the premises.”.

Pending applications.

13. Any application under the provisions in the Schedule to the Women’s Employment Act 1942 relating to the employment of women, or under those provisions as subsequently amended, which was pending immediately prior to the date of disallowance of Statutory Rules 1942, No. 548, shall be considered and decided by the Women’s Employment Board as if the application had been made under the Women’s Employment Regulations, as amended by these Regulations, and any evidence given before that date, in relation to any such application, may be considered, in relation to that application, as if it had been given under the Women’s Employment Regulations as so amended.

Certain instruments to have force of decisions.

14.—(1.) The instruments relating to the employment of women which are referred to in the Schedule to these Regulations and which the Women’s Employment Board purported to issue as its decisions or variations of its decisions shall, by virtue of this regulation, have, for all purposes, according to their tenor, in respect of work done for the Commonwealth or an authority of the Commonwealth before or after the commencement of this regulation and in respect of work done for other employers after the commencement of this regulation, the same force and effect as if they were decisions or variations of decisions of the Board given or made under the Women’s Employment Regulations, as amended by these Regulations, and the provisions of those Regulations as so amended shall apply to and in relation to those instruments in like manner as they apply to and in relation to decisions and variations given and made under those Regulations so as amended.

(2.) Nothing in the last preceding sub-regulation shall affect the power of the Women’s Employment Board to give a decision or make a variation of a decision having the effect of making any instrument specified in that sub-regulation apply in relation to any work done before the commencement of this regulation.


 

THE SCHEDULE.

Reg.14.

 

No.

Application No.

Applicant.

Character of Instrument.

Date of Instrument.

1

1942/218

Australian Workers’ Union ............

Decision..........

16th March, 1943

2

1942/219

Minister for Navy ..........................

Decision..........

16th March, 1943

3

1942/20 and 29

Commissioner of Railways (New South Wales)

Final decision

16th March, 1943

4

1943/88

Aucher Pty. Ltd. (Sydney) .............

Decision..........

17th March, 1943

5

1943/202

Cadbury-Fry-Pascall Pty. Ltd. (Hobart)

Decision..........

17th March, 1943

6

1942/45

Australian Paper Manufacturers Ltd. (Sydney)

Decision..........

19th March, 1943

7

1943/49

Australian Paper Manufacturers Ltd. (Melbourne)

Decision..........

19th March, 1943

8

1943/18

Minister for Navy ..........................

Decision..........

13th April, 1943

9

1943/16

Commonwealth Railways Commissioner

Decision..........

14th April, 1943

10

1943/43

David Mitchell Estate ....................

Decision..........

14th April, 1943

11

1943/86

Australian Broadcasting Commission

Decision..........

14th April, 1943

12

1943/113

O. T. Lempriere & Co. Pty. Ltd. (Sydney)

Decision..........

14th April, 1943

13

1942/101

Meat and Allied Trades Federation of Australia

Common rule decision

14th April, 1943

14

1943/272

Melbourne and Metropolitan Board of Works

Decision..........

20th April, 1943

15

1942/82

Ethel S. Cox...................................

Decision..........

22nd April, 1943

16

1942/249

Michaelis Hallenstein & Co. Pty. Ltd. and others

Variation.........

23rd March, 1943

17

1943/6

Australian Saddlery, Leather, Sail, Canvas, Tanning, Leather Dressing and Allied Workers Trades Employees Federation

Variation ........

23rd March, 1943

18

1943/129, 131 and 352

Australian Wire Rope Works Pty. Ltd.; Australian Iron and Steel Ltd. (Port Kembla); Rylands Bros. (Australia) Pty. Ltd.

Variation of common rule decision

23rd March, 1943

19

1943/202

Cadbury-Fry-Pascall Pty. Ltd.

Variation.........

13th April, 1943

20

1942/218

Flax Production Committee of the Department of Supply and Shipping

Variation.........

13th April, 1943

21

1943/256

Victorian Railways Commissioners

Variation      

20th April, 1943

22

1943/254

Warrnambool City Council.............

Variation.........

3rd May, 1943

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.